HomeMy WebLinkAboutNovember 4, 2014 - General Municipal Election - Ballot Initi City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
rF; 190 OFFICE OF THE CITY CLERK
i JOAN L. FLYNN
CITY CLERK
June 3, 2014
Mr. Frank LoGrasso
9432 Alii Circle
Huntington Beach, CA 92646
Subject: Petition to gather signatures in support of the proposed ballot measure titled: Repeal of
Huntington Beach Municipal Code Chapter 5.95 Related to Use of Plastic Carryout and
Recyclable Paper Bags
Dear Mr. LoGrasso:
I am writing to inform you that, in compliance with the California Elections Code, the circulation
timeframe of 180 days for the above titled measure has passed. Since you did not file,the petitions in
my office prior to the circulation deadline, the petitions are now void for all purposes.
The circulation period is based on the following:
• December 4, 2013—Delivery of Ballot Title and Summary to Mr. LoGrasso
• June 2,2014—5:00 p.m., end of 180 Day Circulation Period
The corresponding section of the California Elections Code is found in Division 9, Chapter 3, Article 1:
Section 9208.
Signatures upon petitions and sections of petitions shall be secured, and the petition, together with all
sections of the petition shall be filed within 180 days from the date of receipt of the title and summary,
or after termination of any action for a writ of mandate pursuant to Section 9204, and, if applicable,
after receipt of an amended title or summary or both, whichever occurs later. Petitions and sections
thereof shall be filed in the office of the elections official during normal office hours as posted. 1 the
Petitions are not filed within the time permitted by this section the petitions shall be void for all
Purposes. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Frank, if you have any questions, or if I can be of service in the future, please give me a call at 714-536-
5404.
Sincerely,
JoAb L. Flynn CIVIC, MPA
City Clerk
Sister Cities: Anjo, Japan • Waitakere, New Zealand
(Telephone:714-536-5227)
PROOF O F 2013 DEC 18 ASS 8= 15
PUBLICATION
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE ) r
f Notice of Inteldion to Circulate Petition
Notice i e
s herby given by the person whose name
am a citizen of the United States and a appear hereon of their mterition to circulate the
petition within the'City of Huntington Beach for
resident of the County aforesaid, I am the purpose of repeal of municipal code Chapter
5 95 USE OF PLASTIC CARRYOUT BAGS AND
over the age of eighteen years, and not
RECYCLABLEPAPER osedtion.
a party to or interested in the notice A statement of the reasons of tMe prop ac
as contemplated in the petition is as follows:
published. I am a principal clerk of the By a Vote of.4-3.the city council s. and other
untingto
p p (� !Beach decreed that grocery stores.(
institutions)in the city of Huntington Beach were
HUNTINGTON BEACH INDEPENDENT,
to discontinue.use of plastic grocery bags and to
mandate a 10 cent charge on every paper bag
which was adjudged a newspaper of used in lieu.of plastic bags.
general circulation on August 26 1994 �It .iS tpe contention of this petitioner that a
, 1 ici al code item that not only mandates the
actions of a large portion,of the commercial
case A50479, for the City of Huntington Fbusfness of this city and enforces a defa should
tax
Beach County of Orange and the State on the customers al that business should be
roved by the legal voters of this city, not by
of California. Attached to this Affidavit is (decree of a bare cil denied
of the city. council.
Since the city council domed the legal voters of
a true and complete co as was printed !this city the opportunity to vote"for"or"against"
p copy p this ban, it is then incumbent,in this petitioner's
eyes, to provide•th to be heard on th is of this
and published on the following date(s): city the'opportunity request for
Notice is also hereby given of.mf the proposed
preparation,by the City Attorney,o.
ballot measure's circulating title,and summary of
the chief purpose and points of the initiative
measure.'
December 12, 94 2013 194 2kLoGrasso
32 Alii Circle
Huntington 3 ch,.Ca.92646
ORDINANCE OF THE CITY OF HUNTINGTON
BEACH REPEALING CHAPTER 5.95'OF THE HUN-
certify (or declare) under penalty of GTON BEACH MUNICIPAL CODE RELATING TO
5E OF PLASTIC CARRYOUT. BAGS AND. RE Cy-
perjury that the foregoing is true and �CLABLEPAPER
Correct. The people of,the City of Huntington Beach.do
ordain as follows:
SECTION 1.Chapter 5.95 of the Huntington Beach
Municipal Code is hereby repealed-
SECTION 2.This ordinance shall become effective
10 days after the city council certifies the election
results.
Executed on December 16 2013 � BOHU11 Title BEACH
r REPEAL.OF HUNTINGTON-BEACH MUNICIPAL.
jCODE CHAPTER 5.95 RELATED, TO USE OF
at Costa Mesa, California PLASTIC CARRYOUT AND RECYCLABLE PAPER`
(BAGS INITIATIVE ORDINANCE.
Huntington Beach Municipal Code.("HBMC")Chap
ter 5.95,'entitled "Use of Plastic, Carryout Bags
and Recyclable Paper generally 'prohibits (with
certain exceptions enumerated therein) the dis-
tribution of single-use.plastic carryout bags at
most stores that sell food and alcohol and other
commercial Beach. It alsolestablishes e within ha required
Huntington
ten cent($0.10) charge on the sale of and
pointsi
Signature paper carryout bags at all such stores and p
of sale.
Approval of.the proposed ordinance would repeal
r A<' ',: ra *'P�3 og'singlehuse plastic sticter 5.95 carryout repealed,
at distribution,
�&4 ..
J, d , and other commercial points of sale would no'.
longer be prohibited within the City of Huntington
Beach. Also, the ten cent.($0A0) charge on the
sale of recyclable paper carryout bags at all.such
stores and points of'sale would no longer be
mandated.
Published Huntington Beach Independent De-
� 1,comber 12,2013 �_
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO
THE VOTERS OF THE CITY OF HUNTINGTON BEACH
The City Attorney has prepared the following title and summary of the chief purposes and points of the
proposed measure: Ballot Title and Summary
Title: REPEAL OF HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 5.95 RELATED TO USE OF
PLASTIC CARRYOUT AND RECYCLABLE PAPER BAGS. INITIATIVE ORDINANCE.
Summary: Huntington Beach Municipal Code ("HBMC") Chapter 5.95, entitled "Use of Plastic Carryout Bags
and Recyclable Paper" generally prohibits(with certain exceptions enumerated therein) the distribution of
single-use plastic carryout bags at most stores that sell food and alcohol and other commercial points of sale
within the City of Huntington Beach. It also establishes a required ten cent(SO.10) charge on the sale of
recyclable paper carryout bags at all such stores and points of sale.
Approval of the proposed ordinance would repeal HBMC Chapter 5.95. If repealed, the distribution of single-
use plastic carryout bags at most stores and other commercial points of sale would no longer be prohibited
within the City of Huntington Beach. Also,the ten cent (SO.10) charge on the sale of recyclable paper carryout
bags at all such stores and points of sale would no longer be mandated.
NOTICE TO THE PUBLIC: THIS PETITION NIAY BE CIRCULATED BY A PAID SIGNATURE
GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
for official use only
1 (Print Your Name) (Residence Address ONLY) Date
(Signature--sign as registered to vote) (City and Zip Code)
O
2 (Print Your Name) (Residence Address ONLY) Date
W
(Signature--sign as registered to vote) (City and Zip Code)
3 (Print Your Name) (Residence Address ONLY) Date
W (Signature--sign as registered to vote) (City and Zip Code)
�Q
O 4 (Print Your Name) (Residence Address ONLY) Date
Z (Signature--sign as registered to vote) (City and Zip Code)
�L 5 (Print Your Name) (Residence Address ONLY) Date
A (Signature--sign as registered to vote) (City and Zip Code)
E=q 6 (Print Your Name) (Residence Address ONLY) Date
Z
(Signature---s gn as registered to vote) (City and Zip Code)
DECLARATION OF CIRCULATOR
(To he completed in circulator's own hand after the above signatures have been obtained.)
I, (full given name, including middle name or initial)
am registered to vote or am qualified to vote in Huntington Beach, County of Orange, California, My residence address
is(street and number, city, state,
I personally circulated the attached petition for signing and witnessed
each of the appended signatures being written on the petition and,to my best information and belief, each signature is
the genuine signature of the person whose name it purports to be. The appended signatures were obtained between the
dates of / _/_ (Starting Date) and _i_ /__ (Ending Date) inclusive. I declare under penalty of
perjury under the laws of the State of California that the foregoing is true and correct. Executed on(date)
at(city) _ _, California.
(Signature--full given name of circulator, including middle name or initial)
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO
THE VOTERS OF THE CITY OF HUNTINGTON BEACH
The City Attorney has prepared the following title and summary of the chief purposes and points of the
proposed measure:
Ballot Title and Summary
Title: REPEAL OF HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 5.95 RELATED TO USE OF
PLASTIC CARRYOUT AND RECYCLABLE PAPER BAGS. INITIATIVE ORDINANCE.
Summary: Huntington Beach Municipal Code ("HBMC") Chapter 5.95, entitled "Use of Plastic Carryout Bags
and Recyclable Paper"generally prohibits (with certain exceptions enumerated therein) the distribution of
single-use plastic carryout bags at most stores that sell food and alcohol and other commercial points of sale
within the City of Huntington Beach. It also establishes a required ten cent($0.10) charge on the sale of
recyclable paper carryout bags at all such stores and points of sale.
Approval of the proposed ordinance would repeal HBMC Chapter 5.95. If repealed, the distribution of single-
use plastic carryout bags at most stores and other commercial points of sale would no longer be prohibited
within the City of Huntington Beach. Also, the ten cent (SO.10) charge on the sale of recyclable paper carryout
bags at all such stores and points of sale would no longer be mandated.
To the Honorable Alayor and City Council of the City of Huntington Beach
We, the undersigned, registered and qualified voters of the State of California, County of Orange, City of
Huntington Beach hereby propose an amendment to the Huntington Beach Municipal Code relating to the Use
of Plastic Carryout Bags and Recyclable Paper(Chapter 5.95), and petition the Huntington Beach City Council
to submit the same to the voters of Huntington Beach for their adoption or rejection at the next General
Municipal Election. The proposed Municipal Code amendment reads as follows:
Ordinance No. 4007
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 5.95 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO USE OF PLASTIC CARRYOUT BAGS AND
RECYCLABLE PAPER
The people of the City of Huntington Beach do ordain as follows:
SECTION 1. Chapter 5.95 of the Huntington Beach Municipal Code is hereby repealed.
SECTION 2. This ordinance shall become effective 10 days after the city council certifies the election results.
Notice of Intent to Circulate Petition
Notice is hereby given by the person whose name appears hereon of their intention to circulate the petition within the City
of Huntington Beach for the purpose of repeal of municipal code Chapter 5.95 USE OF PLASTIC CARRYOUT BAGS
AND RECYCLABLE PAPER
A statement of the reasons of the proposed action as contemplated in the petition is as follows:
By a Vote of 4-3 the City Council of Huntington Beach decreed that grocery_ stores (and other institutions)in the city of
Huntington Beach were to discontinue use of plastic grocery bags and to mandate a 10 cent charge on every paper bag
used in lieu of plastic bags.
It is the contention of this petitioner that a municipal code item that not only mandates the actions of a large portion of the
commercial business of this city and enforces a defacto tax on the customers of that business should be approved by the
legal voters of this city,not by decree of a bare majority of the city council. Since the city council denied the legal voters
of this city the opportunity to vote"for'or"against"this ban, it is then incumbent, in this petitioner's eyes,to provide the
legal voting citizens of this city the opportunity to be heard on this matter.
Notice is also hereby given of my request for preparation, by the City Attorney, of the proposed ballot me`asure's
circulating title, and summary of the chief purpose and points of the initiative measure.
Frank LoGrasso
9432 Alii Circle, Huntington Beach, Ca. 92646
Ordinance No.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING CHAPTER 5.95 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO USE OF PLASTIC CARRYOUT BAGS AND RECYCLABLE PAPER
The people of the City of Huntington Beach do ordain as follows:
SECTION 1. Chapter 5.95 of the Huntington Beach Municipal Code is hereby repealed.
SECTION 2. This ordinance shall become effective 10 days after the city council certifies the
election results.
t
Frank LoGrasso r
�i rrn 1
c-)
C�
MP
� -1
Notice of Intention to Circulate Petition
Notice is hereby given by the person whose name appear hereon of their intention to circulate the petition
within the City of Huntington Beach for the purpose of repeal of municipal code
Chapter 5.95 USE OF PLASTIC CARRYOUT BAGS AND RECYCLABLE PAPER
A statement of the reasons of the proposed action as contemplated in the petition is as follows:
By a Vote of 4-3 the City Council of Huntington Beach decreed that grocery stores (and other institutions) in
the city of Huntington Beach were to discontinue use of plastic grocery bags and to mandate a 10 cent
charge on every paper bag used in lieu of plastic bags.
It is the contention of this petitioner that a municipal code item that not only mandates the actions of a large
portion of the commercial business of this city and enforces a defacto tax on the customers of that business
should be approved by the legal voters of this city, not by decree of a bare majority of the city council. Since
the city council denied the legal voters of this city the opportunity to vote"for"or"against"this ban, it is
then incumbent, in this petitioner's eyes, to provide the legal voting citizens of this city the opportunity to be
heard on this matter.
Notice is also hereby given of my request for preparation, by the City Attorney, of the proposed ballot
measure's circulating title, and summary of the chief purpose and points of the initiative measure.
Frank LoGrasso
9432 Alii Circle
Huntington Beach, Ca. 92646 r�ir►C r�CQi Na, 40�'7 �— Q
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 5.95 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO USE OF PLASTIC CARRYOUT BAGS
AND RECYCLABLE PAPER
The people of the City of Huntington Beach do ordain as follows:
SECTION 1. Chapter 5.95 of the Huntington Beach Municipal Code is hereby repealed.
SECTION 2. This ordinance shall become effective 10 days after the city council certifies the election results.
Ballot Title and Summary
REPEAL OF HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 5.95 RELATED TO USE OF
PLASTIC CARRYOUT AND RECYCLABLE PAPER BAGS INITIATIVE ORDINANCE.
�.e,1- d ,
Huntington Beach Municipal Code("HBMC") Chapter 5.95, entitled"Use of Plastic Carryout Bags and
Recyclable Paper" generally prohibits (with certain exceptions enumerated therein) the distribution of single- G2dL
use plastic carryout bags at most stores that sell food and alcohol and other commercial points of sale within �AAL
the City of Huntington Beach. It also establishes a required ten cent ($0.10) charge on the sale of recyclable
paper carryout bags at all such stores and points of sale.
Approval of the proposed ordinance would repeal HBMC Chapter 5.95. If repealed, the distribution of
single-use plastic carryout bags at most stores and other commercial points of sale would no longer be
prohibited within the City of Huntington Beach. Also, the ten cent ($0.10) charge on the sale of recyclable
paper carryout bags at all such stores and points of sale would no longer be mandated.
Notice of Intention to Circulate Petition
Notice is hereby given by the person whose name appear hereon of their intention to circulate the
petition within the City of Huntington Beach for the purpose of repeal of municipal code
Chapter 5.95 USE OF PLASTIC CARRYOUT BAGS AND RECYCLABLE PAPER
A statement of the reasons of the proposed action as contemplated in the petition is as follows:
By a Vote of 4-3 the City Council of Huntington Beach decreed that grocery stores(and other
institutions) in the city of Huntington Beach were to discontinue use of plastic grocery bags and
to mandate a 10 cent charge on every paper bag used in lieu of plastic bags.
It is the contention of this petitioner that a municipal code item that not only mandates the
actions of a large portion of the commercial business of this city and enforces a defacto tax on the
customers of that business should be approved by the legal voters of this city, not by decree of a
bare majority of the city council. Since the city council denied the legal voters of this city the
opportunity to vote"for"or"against"this ban, it is then incumbent, in this petitioner's eyes,to
provide the legal voting citizens of this city the opportunity to be heard on this matter.
Notice is also hereby given of my request for preparation, by the City Attorney, of the proposed
ballot measure's circulating title, and summary of the chief purpose and points of the initiative
measure.
Frank LoGrasso
9432 Alii Circle
Huntington Beach, Ca. 92646
Ordinance No.4007
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING CHAPTER 5.95 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO USE OF PLASTIC CARRYOUT BAGS AND RECYCLABLE PAPER
The people of the City of Huntington Beach do ordain as follows:
SECTION 1. Chapter 5.95 of the Huntington Beach Municipal Code is hereby repealed.
SECTION 2. This ordinance shall become effective 10 days after the city council certifies the
election results.
Ballot Title and Summary
REPEAL OF HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 5.95 RELATED TO
USE OF PLASTIC CARRYOUT AND RECYCLABLE PAPER BAGS. INITIATIVE
ORDINANCE.
Huntington Beach Municipal Code ("HBMC") Chapter 5.95, entitled"Use of Plastic Carryout
Bags and Recyclable Paper"generally prohibits(with certain exceptions enumerated therein)the
distribution of single-use plastic carryout bags at most stores that sell food and alcohol and other
commercial points of sale within the City of Huntington Beach. It also establishes a required ten
cent($0.10) charge on the sale of recyclable paper carryout bags at all such stores and points of
sale.
Approval of the proposed ordinance would repeal HBMC Chapter 5.95. If repealed, the
distribution of single-use plastic carryout bags at most stores and other commercial points of sale
would no longer be prohibited within the City of Huntington Beach. Also, the ten cent ($0.10)
charge on the sale of recyclable paper carryout bags at all such stores and points of sale would no
longer be mandated.
CITY CLERK'S LEGISLATIVE DRAFT
cc market"
'*Operator-"
>the avvnef of the stefe.
"-Person"
cc ,
does,i(.t: ,.l...lo o bags,ag ,,.1,,..0 bags ,,,l,,,f_bags cc material"
means a ma4efial that would othefwise be destined fef s
"Produee » of cc „
pfedttee,ffieals, of othef food itefas to the poifA ef sale inside a s4ofe of te pfevefA s:tieh feed itefns
" »
> eenvefting,
cc »
2. is l nnoi feeyelabl evef.,ll and eei-Aaifls a minimum of Anon posteenstiffief ,.lea
n
C, eiety of Testing and Tif..to,-;..1s (AST-M) St.,,-,.1ard D6400•
4. 7s aeeepted F f fe ,,.1;.ig; .«1.s:.10 pfegfams ift the !'';t<,.
G u pfiated,. the bag the name of the fli ,,.F et,,,•o,. the 1,.,,.,4;,.,f ,..1.efe the bag was
f t uf ed, ,,,1 the, ..tage f post,.,.,.s,.„ e f, elorlf_o4efial used; a 1
v. Displays the wed feeyGtU.tile" in •• h „1..1<,� siblo fflaflnef n the of the bag
"Reusable »
means a bag vvith handles that is speeifiealb designed and ffientifaettifed
tnt.ltipl re o ..and. e is all e f the f;,11,,...;, 'row ouuts-.o w
uses, fneftfis the
whieh fef ptifpeses of this seetien,
feet;
7 Ras a fniftiffitim ,.lufae eri 5 li tef'r
lead,4. Does net eef4aift eadmitim, >
the fiame of the
as defifte
lead,eentaift o
used, and the pefeefltage e
if
an
>
6. If made of plastie is a fniiiiffitifn of t least 2.2
"Store"
1. A fiA line, elf sen,iee fetai-1 Stefe with gres anfitial sales f$2,000 nnn nn
goods, of fiefifeed itefns and saffie pefishable iteffis;
2. A stefe ef at least 10,000 sEtttafe feet of fetail spaee that genef4es sales er-use tw.,
ff , : ,
> ,
of athef entity engaged in the fetail sale ef a lifnited line ef geods thfft iffeltides >bfead,
soda, afid snaek feeds, ifteludiiig these stefes w4h a T-�Te 20 of 21 lieense issued by4he
Depaftffiefrte€AleeholieBevefage Contfel. (3975 e€feetive 543 efati a 'e
5.95.020 Plastic Carryeut Bags Prohibited
<..N., st.,.., siiuil f,,.,..d«co any e,
ef sale and does not apply te pfedtiee bags ef pfedttet bags,
All stefes shall pfevide or-make available to a etisteffief only feeyelable papef e",etA bags ef fetisable
ef this ehaptef. Nethiflg in this ehaptef pfebibits eiistomefs ffefia tisiflg bags of afty,type tha4 they bfifig te
pfevided by the stefe.(3975 effeetive 5,113 eftiv '� r1,113)
5.96.040 Regulation of"elable Paper-Gar-tyeut Bags
$n 10 f r eaeh bag r :a a exeept ethefwise pfev'a ,l ift this >, t
in .,...,.,.......,..A ef thisseccror I vmcrwiac pfvviccccria-this crraFccr.
. led and the total amount ehafged faf the bag-&.
date ef sale, ef the tetal atifflber-of feeyelable paper-eaffyettt bags pr-evided and the tetal ametm4 e
. . Aeft at ne east te the City defing fegulaf business hetifs by any City empleyee authefized to
ste fe shall , ,.F:,.... that the inn ..fnat:en p ided: aeetir-a4e and , .mil +
F. Any stefe that fails to ffiaifitain eemplete feeefds ef deetifnents,maintains false, iiiaeetifate ef
misleading feeefds, ef ethet-wise fails te eeffipb,with this seetien will be in vielatien ef this seetien
epef4ive 11,11-3)
5.95.050 Use of Reusable Bags
A. All stefes must p ide able bags to ste o:+l,o«F ..l„ at h
o ", "�,.iuisv.
sale, >
> infants,
Division 9 of the W
This ehaptef shall beeeme epefative six ffief4hs ffefn the effeetive date ef the efdifia-nee eedified in this
> ifteltiding, but net limited te, ifwestiga4ing vielatiens,
f,t,ffe VielafiORS.
B.Any stefe that vielates ef fails to eeniply with any ef the feEittifeffieflts ef this ehaptef afte
.:tfe.. , etiee has been issued f th 4. e1..4:,n shallbe . ,:1ty e f a- :.,f..,et
rvl lawn vv uaili
by the epefa4ef of the stefe--
J
give 'J
D. A F:..e ..hall be e,l f«e eh day ., el„t:en eeetif ell&we,7 to ,. „t:.,.,,e
i.1 i Tula. �aau
E.All fifies eelleeted ptifsttant te this ehaptef shall be tfsed to assist with the implefflefltaliefl
elll Vl 1.a.11la.11l Vl the I1E
issued,
flefiee of J
J
filed,,,witnesses tha4 the appellafit wishes te be eeiisidefed in eefifteetion with the appeal. The appeal
heafiiig eefleeming the appeal withifi 4 5 days ffE)m the da4e that the iietiee ef appeal is
6tef deAe if agfeed upon by the appellant aiid the
J
b' The hearing effieef fflaysustain, J
J as J
J
7�\ J J
pbe..n'ive fii'T7
C AG.AAA Ceye abil:JF..
if afty J J J J
J
er i�rii}— eftiens of the-ehapter, (3975 effeet-iv ;
r ne 1 nn No Confl:..a•anah e...rler-a1 or State
haw
J
federal efsta4e-lati. (3 "5 e€feet ;
s
CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: JOAN FLYNN, City Clerk
FROM: JENNIFER MCGRATH, City Attorney
DATE: December 4, 2013
SUBJECT: Title and Summary for Plastic Bag Initiative Ordinance
Attached hereto is the requested title and summary for the Plastic Carryout Bags petition.
A
I ER MCGRATH,
City Attorney
134027/103833
Ballot Title and Summary
REPEAL OF HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 5.95 RELATED TO
USE OF PLASTIC CARRYOUT AND RECYCLABLE PAPER BAGS. INITIATIVE
ORDINANCE.
Huntington Beach Municipal Code ("HBMC") Chapter 5.95, entitled"Use of Plastic Carryout
Bags and Recyclable Paper" generally prohibits(with certain exceptions enumerated therein)the
distribution of single-use plastic carryout bags at most stores that sell food and alcohol and other
commercial points of sale within the City of Huntington Beach. It also establishes a required ten
cent ($0.10) charge on the sale of recyclable paper carryout bags at all such stores and points of
sale.
Approval of the proposed ordinance would repeal HBMC Chapter 5.95. If repealed, the
distribution of single-use plastic carryout bags at most stores and other commercial points of sale
would no longer be prohibited within the City of Huntington Beach. Also, the ten cent($0.10)
charge on the sale of recyclable paper carryout bags at all such stores and points of sale would no
longer be mandated.
13-4027/103810
o
�� CITY OF HUNTINGTON BEACH
Interdepartmental Memo
TO: Jennifer McGrath, City Attorney
FROM: Joan L. Flynn, City Cler
DATE: November 21, 2013
SUBJECT: CITY CLERK'S TRANSMITTAL OF NOTICE OF INTENT TO
CIRCULATE PETITION AND REQUEST FOR BALLOT TITLE AND
SUMMARY FOR PROPOSED MEASURE (REPEAL OF HBMC
CHAPTER 5.95 — USE OF PLASTIC CARRYOUT BAGS AND
RECYCLABLE PAPER)
Pursuant to California Elections Code §9203, please return a ballot title and summary of
—the-attached-posed-measure-within—l-5-day�by-Decemb-er-"D1-3)_forthe Cites C1elk's
Office to provide to the proponent, Mr. Frank LoGrasso.
JF
Attachments: Notice of Intent to Circulate Petition by Frank LoGrasso
c: Honorable Mayor and City Council Members
Fred Wilson, City Manager
Request for Title and Summary-- LoGrasso 11/21/2013
Notice of Intention to Circulate Petition
Notice is hereby given by the person whose name appear hereon of their intention to circulate the
petition within the City of Huntington Beach for the purpose of repeal of municipal code
Chapter 5.95 USE OF PLASTIC CARRYOUT BAGS AND RECYCLABLE PAPER
A statement of the reasons of the proposed action as contemplated in the petition is as follows:
By a Vote of 4-3 the City Council of Huntington Beach decreed that grocery stores (and other
institutions) in the city of Huntington Beach were to discontinue use of plastic grocery bags and
to mandate a 10 cent charge on every paper bag used in lieu of plastic bags.
It is the contention of this petitioner that a municipal code item that not only mandates the
actions of a large portion of the commercial business of this city and enforces a defacto tax on the
customers of that business should be approved by the legal voters of this city, not by decree of a
bare majority of the city council. Since the city council denied the legal voters of this city the
opportunity to vote "for" or "against"this ban, it is then incumbent, in this petitioner's eyes,to
provide the legal voting citizens of this city the opportunity to be heard on this matter.
Notice is also hereby given of my request for preparation, by the City Attorney, of the proposed
ballot measure's circulating title, and summary of the chief purpose and points of the initiative
measure.
Frank LoGrasso
Z
9432 r1ii Circle
Huntington Beach, Ca. 92646
c=)
NO
Acknowledgment
I, Frank LoGrasso, declare under penalty of perjury that I am a citizen of the United States, 18
years of age or older, and a resident of Huntington Beach, Orange County, California.
1, Frank LoGrasso, acknowledge that it is a misdemeanor under state law(Section 18650 of the
Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used
for any purpose other than qualification of the proposed measure for the ballot. I certify that I will
not knowingly or willfully allow the signatures for this initiative to be used for any purpose other
than
qualification of the measure for the ballot.
Frank LoGrasso
9432 Alii Circle
Huntington Beach, CA 92646
Dated this 21 st day of November, 2013
N
CO
Rom.?
CD
• N